HomeMy WebLinkAboutAGR-6243.2 - MUNICIPAL WATER DISTRICT OF ORANGE COUNTY - WATER CONSERVATION PARTICIPATION AGREEMENTPage 1 of 3
21711883.2
SECOND AMENDMENT
TO
WATER CONSERVATION PARTICIPATION AGREEMENT
This Second Amendment to the Water Conservation Participation Agreement (“Second
Amendment”) is effective on July 1, 2025 (“Effective Date”), by and between the Municipal Water
District of Orange County (“MWDOC”) and _______________________________ (“Participant
Agency”). MWDOC and Participant Agency may be collectively referred to as “Parties” and
individually as “Party.”
RECITALS
A. The Parties entered into a Water Conservation Participation Agreement dated July 1,
2015, regarding the Participant Agency’s participation in certain water conservation programs
(“Agreement”). The Agreement was amended by the First Amendment to the Agreement ("First
Amendment").
B. The Parties now intend to amend the Agreement with this Second Amendment to extend
the term of the Agreement from June 30, 2025 to June 30, 2035.
C. The Parties also intend to update the agreement administration and the retention policy,
and to clarify the inclusion of all incentive programs as provided in the Agreement as amended.
NOW, THEREFORE, the Parties agree as follows:
AMENDED TERMS OF AGREEMENT
1. The following Sections of the Agreement are hereby amended and shall now read as follows:
a. “1.1 This Agreement will be effective on July 1, 2015, and shall terminate on
June 30, 2035 (“Term”). Continuance of this Agreement will be subject to annual
budget approval by MWDOC’s Board of Directors.”
b. “1.4 This Agreement encompasses multiple conservation programs that provide
incentives to consumers. Addenda to this Agreement will be issued for changes
involving Metropolitan and/or MWDOC Board-approved items, grant funding, and
changes to incentive programs, including funding and incentive levels. All Addenda
are enforced for the duration of this Agreement unless the Addenda are amended or
terminated by either Party.”
c. “2.2.1 Participant Agency may elect to take advantage of the MWDOC
Administered Programs by having its authorized representative complete and sign
Docusign Envelope ID: E987114C-9CDE-4A06-8089-E41B15F6B902
AGR-6243.2
the City of Orange
Page 2 of 3
21711883.2
Addenda 3A through 3E in the spaces provided. If Participant Agency completes and
signs Addenda 3A through 3E, Participant Agency agrees to be bound by the
provisions of this Section 2.2, Sections 3, 5, 6, 7, and 8 of this Agreement, and
Addenda 3A through 3E. If the Participant Agency does not complete, sign, and
return Addenda 3A through 3E, notwithstanding any other provision of this
Agreement, the Participant Agency will not be bound by Section 2.2 or the provisions
in Addenda 3A through 3E.”
d. “7.3 Participant Agency shall maintain all Participant Agency Administered
Program information, including Participant Agency applications, water bills, and
purchase receipts, for a period beginning on the date the incentive is first awarded for
a given application and respective project and ending seven years later.”
2. The word “Addendums” is hereby replaced by the word “Addenda” throughout the entire
Agreement.
3. Authority to enter into Second Amendment. Each Party represents that the person executing
this Second Amendment has the requisite power and authority to execute the Second
Amendment and to bind each respective Party.
4. Continuing Effect of Agreement. Except as amended by this Second Amendment, all other
provisions of the Agreement remain in full force and effect. From and after the date of this
Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean
the Agreement as amended by the First and Second Amendments.
5. Execution in Counterparts. This Second Amendment may be executed in duplicate
counterparts, each of which shall be deemed an original.
MWDOC and Participant Agency have each caused this Second Amendment to be
executed by its duly authorized representative as of the date set forth below the authorized
signature.
IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment.
MUNICIPAL WATER DISTRICT Approved as to Form:
OF ORANGE COUNTY
By: _______________________ By: _____________________
Harvey De La Torre Joseph Byrne
General Manager General Counsel
Date: _______________________ Date: _____________________
Docusign Envelope ID: E987114C-9CDE-4A06-8089-E41B15F6B902
5/6/2025
Page 3 of 3
21711883.2
PARTICIPANT AGENCY Approved as to Form:
Agency Name: ________________
By: _______________________ By: _______________________
Title: ______________________ Title: _________________________
Date: __________________________ Date: __________________________
ATTEST:
_________________________________
Pamela Coleman, City Clerk
Senior Assistant City AttorneyCity Manager
Nathalie Adourian √
Agency Name: CITY OF ORANGE
Thomas C. Kisela
CITY OF ORANGE
Docusign Envelope ID: E987114C-9CDE-4A06-8089-E41B15F6B902
5/6/255/6/25